Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 31ST DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 CRL.MC NO. 7712 OF 2023 CRIME NO.89/2021 OF Kannamali Police Station, Ernakulam AGAINST THE ORDER/JUDGMENT IN CC 452/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOCHI PETITIONERS/ACCUSED NOS.1 & 2: 1 JACKSON AGED 39 YEARS S/O GEORGE, MAVUNKAL HOUSE, CHERIYAKADAVU, CMS, KANNAMALY P.O, ERNAKULAM DIST, PIN - 682006 2 GEORGE AGED 70 YEARS S/O JOOSE, MAVUNKAL HOUSE, CHERIYAKADAVU, CMS, KANNAMALY P.O, ERNAKULAM DIST, PIN - 682006 BY ADVS. ANIL K.MUHAMED KRISHNAKUMAR G. AJIN SALAM RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 AGNES ANCY AGED 35 YEARS W/O JACKSON, KUTHUKATTU HOUSE, SANTO GOPALAN ROAD, THOPPUMPADY VILLAGE, CHULLIKKAL DESOM, ERNAKULAM DIST, PIN - 682005 SRI VIPIN NARAYAN (SR PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Petitioners faces prosecution in Crime No.89 of 2021 of Kannamaly Police Station, Ernakulam District, for commission of offence under Sections 498(A) and Section 34 of the Indian Penal Code, which is now pending as C.C.No.452 of 2021 on the file of the Judicial First Class Magistrate Court-I, Kochi. The allegation against the petitioners is that the 1st petitioner married the 2nd respondent on 26.10.2008 and while living as husband and wife, the petitioners, allegedly harassed the 2 nd respondent physically and mentally and demanded more dowry and thereby the petitioners committed the aforesaid offences.
2. The learned counsel appearing for the petitioners
would submit that the disputes arose on account of other matrimonial disputes between the petitioner and the 2nd respondent. It is submitted that all disputes between the petitioners and the 2nd respondent have been settled, as is evident from Annexure - 2 affidavit. It is submitted that the proceedings against the petitioners in Crime No.89 of 2021 of Kannamaly Police Station, Ernakulam District, which is now pending as C.C. No.452 of 2021 on the file of the
Judicial First Class Magistrate Court-I, Kochi, may be quashed on the basis of settlement.
3. The learned Public Prosecutor confirms that the
issues between the petitioners and the 2 nd respondent have
been settled.
4. Having regard to the facts and circumstances of
the case, considering the nature of allegations and taking into account the contents of Annexure - 2 affidavit and the submissions of the learned Public Prosecutor, I am of the view that this is a fit case where jurisdiction of this Court under Section 482 of the Cr.P.C can be invoked and the proceedings against the petitioners can be quashed on the basis of settlement. No public interest will be served by continuing with the proceedings against the petitioners.
Accordingly, this Crl.M.C is allowed and all further proceedings in C.C. No.452 of 2021 on the file of the Judicial First Class Magistrate Court-I, Kochi (in Crime No.89 of 2021 of Kannamaly Police Station, Ernakulam District), will stand quashed as against the petitioners. Sd/- GOPINATH P. JUDGE SSK/31/10 APPENDIX OF CRL.MC 7712/2023 PETITIONER ANNEXURES Annexure1 A CERTIFIED COPY OF FINAL REPORT IN C.C. NO. COURT- I, KOCHI, Annexure2 AN AFFIDAVIT DTD:- 08/09//2023 SWORN BY 2ND RESPONDEN